Officer Sues To Resist Questioning

A Fort Lauderdale police officer has challenged the Police Department`s internal investigation procedure, claiming it violates his constitutional rights, in a lawusit filed on Friday in Broward Circuit Court.

John O`Neil, a member of the mounted patrol, argues that a department rule requiring officers to answer questions during an internal affairs probe undermines their right to remain silent.

If officers refuse to answer questions during an internal affairs probe, they could be disciplined or dismissed, the lawsuit states.

According to the lawsuit, O`Neil received a memo on Wednesday stating that he was the subject of an excessive-force investigation. O`Neil was told he must appear next Wednesday to answer questions about the incident.

O`Neil could not be reached for comment about the lawsuit. Ken Collins, a spokesman for the department, said he was unfamiliar with the lawsuit and the incident that prompted the internal investigation. The incident is not described in the lawsuit.

Frank DeRusso, president of the Fraternal Order of Police lodge that represents Fort Lauderdale officers, received a copy of the memo. When DeRusso asked Sgt. Paul Raymond of internal affairs about the investigation, he was told that O`Neil was the subject of a criminal investigation.

The FOP has joined O`Neil in bringing the suit against the city.

Raymond said that if O`Neil declines to answer questions, he will be ``compelled by direct order`` to give a statement, DeRusso stated in an affidavit filed with the lawsuit.

Raymond also said the results of his investigation will be turned over to the Broward State Attorney`s Office for possible criminal prosecution, according to DeRusso`s statement.

The lawsuit asks a judge to issue an order preventing the internal affairs hearing scheduled for Wednesday, and to prohibit the department from compelling officers to respond to investigative questions.

``Police officers are, as a matter of law, entitled to the same rights as a suspect in custody,`` the lawsuit states.